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1953 DAILYLAW 44 (GAU)

HIREN BARUAH v. THE STATE OF ASSAM

Bail Appln./1953/2026 · 2026-07-29

Shamima Jahan

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Judgment text

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Page No.# 1/3 GAHC010145642026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1953/2026 HIREN BARUAH S/O LATE JAYDEV BARUAH VILL. MOROWA P.O. MOROWA P.S. NALBARI, DISTRICT NALBARI, ASSAM, PIN 781348 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. SK S N MOHAMMAD, MR ARJU IKBAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 30.07.2026 Heard Mr. SK. S. N. Mohammad, the learned for the petitioner and B. Sharma, the learned Additional Public Prosecutor for the State of Assam. 2. By this application the petitioner has prayed for bail in connection with Bharalumukh P. S. Case No. 95/2026, registered under Section 304(2) of BNS, Page No.# 2/3 2023. 3. The allegation against the petitioner is that on 03.07.2026 at around 6:30 PM, the complainant lodged the Ejahar, stating inter alia that on 01.07.2026, at around 7:00 AM while his mother was taking her morning walk under Dinesh Goswami Flyover, Bharalumukh, one unknown person riding a two wheeler approached her from back and snatched her gold chain. It was also stated that during the struggle with the petitioner, the scooter fell down and the snatcher fled away from the said place of occurrence. It is also stated that the scooter has been seized by the officials of the said police Station. 4. The learned counsel for the petitioner submits that the petitioner has been inside the jail for 26 days, since the day of his arrest and that the offence entails punishment of less than 7 (seven) years. 5. The learned APP for the State, submits that it was revealed that the petitioner himself had deposited the said chain in the bank and had taken a loan there from and on his version, the chain was taken from the said bank and custody of the same was given to the complainants mother. 6. On considerations of the submissions made by the learned counsels and more so, in view of the fact that the petitioner was not identified by anyone, much less by the mother of the complainant, this Court deems it fit to enlarge the petitioner on bail, on furnishing of a bail bond of Rs. 20,000/- (Rs. Twenty Thousand) with one local surety to the satisfaction of the JMFC, Kamrup (M), Guwahati on the following conditions: (i) He will appear before the Investigating Officer as and when call for. (ii) He will not influence the witnesses connected with the case. (ii) He will not leave the place of his residence without the permission of Page No.# 3/3 the learned Court. (iv) On violation of any of the conditions mentioned above and on non- appearance before the Trial court, even on 1 (one) single day, the bail order will be amenable for cancellation by the Court mentioned above. 7. The Bail application is accordingly disposed of. JUDGE Comparing Assistant